Ky. Federal Judge Recommends Remand of Darvon/Darvocet Cases to Calif. Transferor Courts

LEXINGTON, Ky. — The Kentucky federal judge overseeing the propoxyphene multidistrict litigation has recommended that seven cases be sent back to the California federal courts from which they were transferred.

In a May 15 order, Judge Danny C. Reeves of the U.S. District Court for the Eastern District of Kentucky explained that the Class Action Fairness Act prohibits sending the cases to the MDL because the plaintiffs did not consent to transfer. He further found that the alternate grounds for transfer — diversity and federal question — are meritless.

In these cases, plaintiffs allege injury caused by the painkillers Darvon, …